> "There is an element of illegality which remains present as you decompose the offense."
Indeed, much of US law centers around phrases like "knowingly" or "with intent". And if you decompose the offense without leaving something out -- specifically, without leaving out the intent to utilize the special GMO property of Monsanto seeds without paying for Monsanto seeds -- then the element of illegality remains in your description.
It's not "the germination of his neighbor's wheat" that turned Schmeiser's action into a crime; it's his intent to transform his commercial farm from a non-RR to an RR operation by isolating RR seeds rather than paying for RR seeds. The guy you claim was wrong was actually right -- Monsanto didn't sue the guy because his neighbor's seeds blew in; they sued him because he intentionally isolated those seeds in order to use them without paying for their use. Had the seeds not blown in, Schmeiser would have had no reason to take the actions he did -- but it's his actions following the seeds blowing in, not the seeds blowing in itself, that got him sued.
You can argue it's a bad law for other reasons, but the particular approach you're taking is weak.
Indeed, much of US law centers around phrases like "knowingly" or "with intent". And if you decompose the offense without leaving something out -- specifically, without leaving out the intent to utilize the special GMO property of Monsanto seeds without paying for Monsanto seeds -- then the element of illegality remains in your description.
It's not "the germination of his neighbor's wheat" that turned Schmeiser's action into a crime; it's his intent to transform his commercial farm from a non-RR to an RR operation by isolating RR seeds rather than paying for RR seeds. The guy you claim was wrong was actually right -- Monsanto didn't sue the guy because his neighbor's seeds blew in; they sued him because he intentionally isolated those seeds in order to use them without paying for their use. Had the seeds not blown in, Schmeiser would have had no reason to take the actions he did -- but it's his actions following the seeds blowing in, not the seeds blowing in itself, that got him sued.
You can argue it's a bad law for other reasons, but the particular approach you're taking is weak.